What is depressing is the dim prospect of remedial congressional action. Individual congressmen shun the idea of licensing any use of marijuana, unless they can find a way to say that marijuana eliminates income disparity. But in search of political consensus on the matter, there is nothing clearer than the vote of the legislatures of the ten states that authorized medical marijuana. They did so and survived political vicissitudes. If these ten states can take a progressive position on medical marijuana why can't Congress do as much?

There is opposition to be sure from more sophisticated observers. What they are saying is that the whole medical marijuana argument is something of a phony. It is certainly true that a lot of people who would like to use marijuana will go to lengths to feign a medical reason for doing so.

But if a federal prosecutor is bent on practicing his profession, he is in a position to establish that the doctor whose name the scofflaw is citing as having prescribed marijuana ? didn't really do so, or did so in such ambiguous terms as to persuade the jury that the marijuana user is in contempt of the law. On this front, the permissivists have an eloquent martyr, the late Peter McWilliams who ardently championed looser laws, who himself depended on marijuana for relief from the nausea caused by AIDS ? and who died during a period when he was under court scrutiny, pending sentencing, and had to do without the drug.

Taking marijuana when young is a stupid thing to do, but the young generation is not (yet) suffering from cancer and AIDS and other diseases from the ravages of which they might find relief, if they can dance through the congestion of laws and opinions that beset us.